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Will Contest in Florida by Sandy Pineda: Definitions

Shifting Burden of Proof

The shifting of the burden of proof is another important factor in will contests.

This issue was clarified in 2002 by an amendment to Fla. Stat. §733.107, adding subsection (2), which explains the shifting of the burden of proof.

  • Once evidence of undue influence has been brought up in court, the proponent must provide a reasonable explanation of her involvement to uphold the validity of the will.

Definitions

Florida Probate Code defines:

  

  • "will" as an instrument, including a codicil, executed by a person in the manner prescribed by the code, which disposes of the person's property on or after his or her death and includes an instrument that merely appoints a personal representative or revokes or revises another will.

§ 731.201(40), Fla. Stat.

  • "Probate of will" means all steps necessary to establish the validity of a will and to admit a will to probate.

§731.201(31) Fla. Stat.

  • "Interested person" means any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved

§731.201(40), Fla. Stat.

 

More Definitions

Black's Law Dictionary - Definitions

The list below defines common estate planning terms.

Will

  • The legal expression of an individual's wishes about the disposition of his or her property after death; esp., a document by which a person directs his or her estate to be distributed upon death <there was no mention of his estranged brother in the will>. — Also termed testament; will and testament; (archaically)testamentary instrument." Black’s Law Dictionary (9th ed. 2009), available at Westlaw BLACKS.

Estate Planning

  • The preparation for the distribution and management of a person's estate at death through the use of wills, trusts, insurance policies, and other arrangements, esp. to reduce administration costs and transfer-tax liability. Black’s Law Dictionary (9th ed. 2009), available at Westlaw BLACKS.
  • A branch of law that involves the arrangement of a person's estate, taking into account the laws of wills, taxes, insurance, property, and trusts." Black’s Law Dictionary (9th ed. 2009), available at Westlaw BLACKS.

Probate

  •    Loosely, a personal representative's actions in handling a decedent's estate. Black’s Law Dictionary (9th ed. 2009), available at Westlaw BLACKS.

Testacy

  •    The state or condition of a person having died with a valid will. Black’s Law Dictionary (9th ed. 2009), available at Westlaw BLACKS.

Testate

  •    Having left a will at death. Black’s Law Dictionary (9th ed. 2009), available at Westlaw BLACKS.

Intestacy

  •    The state or condition of a person's having died without a valid will. Black’s Law Dictionary (9th ed. 2009), available at Westlaw BLACKS.

Intestate:

  •    One who has died without a valid will. Black’s Law Dictionary (9th ed. 2009), available at Westlaw BLACKS 

Search Terms

Search Terms:

  • Will
  • Will Contest
  • Right to contest
  • Standing to bring will contest
  • Probate and Contest of Testamentary Instruments
  • Testamentary Instruments
  • Undue Influence
  • Decendents' property
  • Improper execution
  • Testamentary incapacity
  • Fraud or undue influence inducing its execution, and its revocation
  • Invalidate a will

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